BYERS, District Judge.
Motion by third-party defendant to vacate and set aside the third-party summons and complaint, served pursuant to Rule 14 of the Federal Rules, 28 U.S.C.A. following section 723c.
The plaintiff Rappa was a hatch foreman employed by the Moore-McCormack Lines, Inc., and brings this action to recover for personal injuries said to have been suffered by him on August 1, 1942, while he was on a pier held under sublease by the defendant
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